09-09-2009, 8:16 AM
I'm selling an off roster handgun to another CA resident. I need to ship it to them, and they have an FFL who will accept it. Is there any problem with me shipping this off roster handgun to the FFL to complete the transaction?
09-09-2009, 8:30 AM
Unless you do a Face-To-Face Private Party Transfer, the other FFL will not be able to transfer the off-roster handgun to the other party. DOJ has nixed the idea of the "split PPT" so the other FFL has to treat your handgun as an out-of-area transfer subject to the Roster limitations.
09-09-2009, 6:50 PM
Please cite where this rule is? I can't find it. Thanks.
09-09-2009, 7:12 PM
The simple part is you can't do a PPT as both parties are not present. So try and run it as a transfer. The DROS software is going to only display the list. If the gun is not on the list, what are you going to do?
Run it as a PPT when both parties weren't present? What do you do for seller signature? Did you swipe their DL? Did you get a copy of it?
Penal Code Section 12125 says12125. (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
PC 12132 says 12132. This chapter shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Section 12082 in order to comply with subdivision (d) of Section 12072.
Section 12072(d) says(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.
Section 12082 states12082. (a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Section 12071 in accordance with this section in order to comply with subdivision (d) of Section 12072. The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm. The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with subdivision (c) of Section 12072. If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 12071 and 12072, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of subdivision (a) of Section 12072. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county who shall then dispose of the firearm in the manner provided by Sections 12028 and 12032. The purchaser or transferee or person being loaned the firearm may be required by the dealer to pay a fee not to exceed ten dollars ($10) per firearm, and no other fee may be charged by the dealer for a sale, loan, or transfer of a firearm conducted pursuant to this section, except for the applicable fee that the Department of Justice may charge pursuant to Section 12076. Nothing in these provisions shall prevent a dealer from charging a smaller fee. The fee that the department may charge is the fee that would be applicable pursuant to Section 12076, if the dealer was selling, transferring, or delivering a firearm to a purchaser or transferee or a person being loaned a firearm, without any other parties being involved in the transaction.
(b) The Attorney General shall adopt regulations under this section to do all of the following:
(1) Allow the seller or transferor or the person loaning the firearm, and the purchaser or transferee or the person being loaned the firearm, to complete a sale, loan, or transfer through a dealer, and to allow those persons and the dealer to comply with the requirements of this section and Sections 12071, 12072, 12076, and 12077 and to preserve the confidentiality of those records.
(2) Where a personal handgun importer is selling or transferring a pistol, revolver, or other firearm capable of being concealed upon the person to comply with clause (ii) of subparagraph (A) of paragraph (2) of subdivision (f) of Section 12072, to allow a personal handgun importer's ownership of the pistol, revolver, or other firearm capable of being concealed upon the person being sold or transferred to be recorded in a manner that if the firearm is returned to that personal handgun importer because the sale or transfer cannot be completed, the Department of Justice will have sufficient information about that personal handgun importer so that a record of his or her ownership can be maintained in the registry provided by subdivision (c) of Section 11106.
(3) Ensure that the register or record of electronic transfer shall state the name and address of the seller or transferor of the firearm or the person loaning the firearm and whether or not the person is a personal handgun importer in addition to any other information required by Section 12077.
(c) Notwithstanding any other provision of law, a dealer who does not sell, transfer, or keep an inventory of handguns is not required to process private party transfers of handguns.
(d) A violation of this section by a dealer is a misdemeanor.Now it doesn't say what "deliver" means. Deliver in person or deliver by mail. Again the DROS asks for a seller signature and you are supposed to swipe their ID or make a copy.
We could also go look at the "(b) The Attorney General shall adopt regulations under this section to do all of the following:", but I leave that to you as it is your misdemeanor if you think the penal code allows long distance PPTs.
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